BILL NUMBER: AB 1541	CHAPTERED  10/10/99

	CHAPTER   913
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JUNE 1, 1999
	AMENDED IN ASSEMBLY   MAY 13, 1999

INTRODUCED BY   Assembly Member Keeley
   (Coauthor:  Assembly Member Romero)

                        FEBRUARY 26, 1999

   An act to add Sections 12922 and 12926.2 to the Government Code,
relating to discrimination.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1541, Keeley.  Employment discrimination:  religious entities.
   Existing provisions of the California Fair Employment and Housing
Act prohibit various unlawful employment practices and impose certain
obligations upon employers with respect to specified employment
discrimination and harassment.  Existing provisions of the act make
it a misdemeanor for employers willfully to fail to maintain certain
employment records for at least 2 years.  Under existing law,
employers subject to the act do not include religious associations
and corporations that are not organized for private profit.
   This bill would add definitions of "religious corporation" and
"religious duties" to the act.  The bill would expressly provide that
the act does not prevent religious corporations from restricting
eligibility for positions involving religious duties to adherents of
that religion.  The bill would impose a state-mandated local program
by limiting the act's exemption for employers that are religious
associations or corporations not organized for private profit to make
the exemption inapplicable with respect to persons employed thereby
to perform duties, other than religious duties, at a health care
facility operated by the religious corporation or association at
which health care is not limited to adherents of the religion that
formed the association or corporation.  The bill would, however, make
the act inapplicable to (1) religious corporations with respect to
the employment and promotion of individuals of a particular religion,
and application of the employer's religious doctrines, tenets, or
teachings, in any work connected with the provision of health care
and (2) nonprofit public benefit corporations incorporated to provide
health care on behalf of a religious organization with respect to
employment and promotion of individuals in executive or pastoral-care
positions connected with the provision of health care.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12922 is added to the Government Code, to read:

   12922.  Notwithstanding any other provision of this part, an
employer that is a religious corporation may restrict eligibility for
employment in any position involving the performance of religious
duties to adherents of the religion for which the corporation is
organized.
  SEC. 2.  Section 12926.2 is added to the Government Code, to read:

   12926.2.  As used in this part in connection with unlawful
practices, unless a different meaning clearly appears from the
context:
   (a) "Religious corporation" means any corporation formed under, or
otherwise subject to, Part 4 (commencing with Section 9110) or Part
6 (commencing with Section 10000) of Division 2 of Title 1 of the
Corporations Code, and also includes a corporation that is formed
primarily or exclusively for religious purposes under the laws of any
other state to administer the affairs of an organized religious
group and that is not organized for private profit.
   (b) "Religious duties" means duties of employment connected with
carrying on the religious activities of a religious corporation or
association.
   (c) Notwithstanding subdivision (d) of Section 12926 and except as
otherwise provided in paragraph (1) or (2), "employer" includes a
religious corporation or association with respect to persons employed
by the religious association or corporation to perform duties, other
than religious duties, at a health care facility operated by the
religious association or corporation for the provision of health care
that is not restricted to adherents of the religion that established
the association or corporation.
   (1) "Employer" does not include a religious corporation with
respect to either the employment, including promotion, of an
individual of a particular religion, or the application of the
employer's religious doctrines, tenets, or teachings, in any work
connected with the provision of health care.
   (2) "Employer" does not include a nonprofit public benefit
corporation incorporated to provide health care on behalf of a
religious organization under Part 2 (commencing with Section 5110) of
Division 2 of Title 1 of the Corporations Code, with respect to
employment, including promotion, of an individual of a particular
religion in an executive or pastoral-care position connected with the
provision of health care.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
